Court : Chennai
Reported in : (1982)2MLJ85
..... shama rao : [1956]1scr451 , wherein their lordships after referring to siddik mohamed shah's case , have explained the true scope of the rule laid down in that case in the following terms:the true scope of this rule is that evidence let in on issues on which the parties actually went to trial should not be made the foundation for decision of another and different ..... observations are made:if parties to a contract, by their course of dealing, put a particular interpretation on the terms of it, on the faith of which each of them, to the knowledge of the other acts and conducts their mutual affairs they are bound by that interpretation just as much as if they had written it down as being a variation of the contract. ..... 250, rendered by a single judge of this court in rent control proceedings, a similar contention on the basis of section 213 of the indian succession act, that no right as executor or legatee can be established in any court of justice, unless a court of competent jurisdiction in india has granted probate of the will under ..... in that case the supreme court has ruled that:section 213 of the indian succession act created a bar to the establishment of any right under a will by an executor or a legatee unless a probate or letters of administration of the will have been obtained whether that right is ..... would bring to the notice of this court certain rulings dealing with the scope of the powers of this court while exercising its power in a revision under section 25 of the act. .....
Tag this Judgment!Court : Chennai
Reported in : (1957)IILLJ275Mad
..... the tribunal heard the two disputes together and by a common order dated 21 january 1957 upheld the case of the union that proofreaders were working journalists within act 45 of 1955 and awarded to these proofreaders compensation in the shape of five months' wages for the extra hours of work during which they had been compelled to work from 20 december 1955 to the date ..... in all other instances, he would not be counted as a journalist but as a member of the press staff coming within the purview of the factories act.learned counsel urged that the proofreaders who were included in the definition in section 2(f) were that class of proofreaders whom the press enquiry commission were inclined to treat as working' journalists ..... get at the intention as expressed in the statute.their lordships then proceeded to discuss the meaning of the expression retrenchment as defined in section 2(oo) of the industrial disputes act, 1947, and wound it up with these words:what is being defined is retrenchment, and that is the context of the definition. ..... this section runs:(1) subject to any rules that may be made under this act, no working journalist shall be required or allowed to work in any newspaper establishment for more than one hundred and forty-four hours during any period of four consecutive weeks, exclusive of the ..... the act, whose terms i have extracted earlier, opens with the words 'subject to any rules that maybe made under this act. ..... ground that no rules have so far been made under this act. .....
Tag this Judgment!Court : Chennai
Reported in : 1979CENCUS290D; 1979(4)ELT230(Mad)
..... blending'.in another portion of the judgment they have held as follows --'therefore, on no process of construction, this new blended yarn produced by the company could be treated as excisable item for the earlier period before the finance act of 1972, which introduce a clear unequivocal item no. 18e to cover such goods which were produced by the mixture of two or more fabrics-man-made and natural ..... passages occurring in brussels fourth impression, 1966, volume 2, sections viii to xv, chapters 41 to 83, at pages 707-708 :'goods classifiable in any heading in chapters 50 to 57 and of a mixture of two or more different textile materials are to be classified according to the following rules :(a) goods containing more than 10% by weight of silk, noil or other waste silk or any combination thereof are to be classified in chapter 50, and, for the purpose of classification in that chapter, as if consisting wholly of that one of those materials ..... .) of the textile which predominates in weight' and 'when applying these rules governing the classification of mixed textiles, it should be noted that (1) when a heading refers to a product (waste, yarn, woven fabric) composed of textile materials of different kinds, those materials are aggregated together for the purpose of classifying ..... . the ratio as found in the headnote is to the following effect --'as a general rule, if there has been unreasonable delay the court ought not ordinarily to lend its aid to a party fey the extraordinary remedy of .....
Tag this Judgment!Court : Chennai
Reported in : 1998(3)CTC753
..... there is power to decide and determine to the prejudice of a person, duty to act judicially is implicit in the exercise of such power and the rule of natural justice operates in areas not covered by any law validly made. ..... if that is the ordinary procedure contemplated under the act and rules, it only means that the management has got the absolute control over the ..... 1 to 3 are directed to act in accordance with the provisions of the tamil nadu recognised private schools (regulations) act and also the rules framed thereunder. ..... bath justices, it has been observed:'this rule of natural justice has been assented to not only in the case of courts of justice and other judicial tribunals but in the case of authorities which though in no sense to be called courts, have to act as judges of the rights of others. ..... ' (italics supplied)rule 10 of the rules framed under the above said act says thus:'the procedure for payment of pay and allowances to teachers and other persons employed in private schools shall be as in annexure ..... ;'till very recently it was the opinion of the courts that unless the authority concerned was required by the law under which it functioned to act judicially, there was no room for the application of the rules of natural justice. ..... as per rule 19 read with annexure iii, they have to act on the basis of the statements of the secretary and headmaster of the ..... the act or rule does not provide the special circumstances under which the district educational officer can exercise the .....
Tag this Judgment!Court : Chennai
Reported in : 1994(48)ECC1; 1994(72)ELT848(Mad)
..... because the said section only declares that notwithstanding anything to the contrary contained in any order or direction of the appellate tribunal or any court in any other provision of the act or the rules made thereunder, every person, who has collected any amount from the buyer of any goods in any manner as representing the duty of excise, shall forthwith pay the amount so ..... collected the amount in question, as representing excise duty which is more than 15% on a sum of rupees 75 lakhs and in the light of the interpretation placed on section 11d of the act, they would not press the appeal and such a submission will be made before the cegat on 28- 2-1994 on which date the appeal is coming up before cegat for hearing and the ..... section 11d of the act reads as follows : * * * * * * these provisions fall in the category of fiscal statutes, therefore, the rule of interpretation applicable to fiscal statutes has to be applied and in the event there is any doubt that doubt should lean in ..... has been short-levied or short-paid or erroneously refunded by reason of fraud, collusion or wilful misstatement or suppression of facts, or contravention of any of the provisions of the act or rules made thereunder. ..... consumers in accordance with the rules to be made in this behalf; (f) it is also proposed to provide that notwithstanding anything to be contrary contained in any judgment, decree, order or direction of the appellate tribunal or any court or in any other provision of the said acts, etc. .....
Tag this Judgment!Court : Chennai
Reported in : [1973]91ITR595(Mad)
..... advocate-general, who appeared for the first respondent, while stating that so far as the internal consumption is concerned no standards had been laid down under the textiles committee act, 1963, contended that in regard to export, standards have been fixed, that inspection is being done, and that there is no need for fixing of standards so faras ..... unreasonable or excessive, that the fees collected are credited to the textiles fund under the act and monies were spent out of those collections in respect of services rendered to the first respondent and as such the element of quid pro quo is present, assuming it to be necessary, that the fee imposed under section 12(1) read with rule 21 of the act is quite in order, that the demand dated february 20, 1969, is valid, that ..... uphold the levy and contending that the fee levied under the textiles committee act and the rules framed thereunder cannot be treated as excise duty and pointing out the difference between the levy of excise duty on the production or manufacture of goods and the levy of the fee under the textiles committee act in respect of services rendered and stating that the two different concepts ..... in exercise of the powers conferred by section 23 read with clauses (c), (d) and (e) of sub-section (2) of section 4 of the act framed regulations dated november 30, 1972, called the man-made fibre fabrics (inspection) regulations, 1972, laying down details of inspection criteria, random inspection for quality, rejection criteria, etc. .....
Tag this Judgment!Court : Chennai
Reported in : (1962)1MLJ434
..... only if the magistrate considers the charge to be groundless another prejudicial feature of the new procedure urged was that under it the magistrate is empowered to treat statements falling within the mischief of section 162 as evidence and act upon them for the purpose of framing a charge against the accused lastly it was contended that police reports are placed on a higher pedestal and are accord' ed greater sanctity than complaints filed by public officials ..... acting under the dowers conferred on them by the various central and state enactments the bench held that there was no foundation for holding that the procedure under section 251-a works to the disadvantage of the ..... it is, therefore, contended that any police officer who exercises the powers conferred under the prohibition act must be deemed to have followed the procedure prescribed under the madras prohibition act, and therefore the report that he files must be treated as one under section 48 and not one under section 173, criminal procedure ..... similarly, a change in the rules of evidence made after the commission of an offence would not offend against this prohibition, for such a change would not create a new evidence.24. a ..... beals cardinal rules of legal interpretation, third edition, page 477, contains similar .....
Tag this Judgment!Court : Chennai
Reported in : (1979)1MLJ119
..... petitioners would submit that article 47 itself provides an exception in the case of consumption of intoxicating drinks or drugs for medicinal purposes and as such their use as medicine must be permitted and not prohibited by the act or the rules, that inasmuch as the amended rule 10 prohibits consumption of liquor by persons below the age of 45 even for medicinal purposes far from implementing article 47 it is in direct violation thereof, and that, therefore, as no public interest can possibly be served by ..... though there were slight changes in the procedure permit on grounds of health was not seriously affected or taken away, that even after the act was revived in 1974 the practice of granting liquor permits on grounds of health continued and that it is only by the amendments made on 31st december, 1977 the rule-making authority has attempted to go behind the legislative policy of facilitating grant of liquor permits on grounds of health, by making the regulatory provisions ..... 571 :in the interpretation of a completely self governing constitution founded upon a written organic instrument, such as the british, north america act if the text is explicit the text is conclusive, alike in what it directs and what it forbids.in support of his submission that the prohibition act should be taken to forbid the rule-making authority not to prohibit consumption of liquor for medicinal purposes by imposing such restrictions as will make it impossible for the applicants to get the permits .....
Tag this Judgment!Court : Chennai
Reported in : (1981)1MLJ443
..... and disposed of by the ii additional subordinate judge, tirunelveli and the lower appellate court found that the suit is in time, computing the period of six months prescribed under the said rules from the date of obtaining the copy of the order of the deputy registrar, namely, 23rd august, 1968, and also held that the plaintiff is a bona fide purchaser for consideration ..... either communicating the same to the party affected or furnishing a copy of the same suo motu, it will be highly unfair and offending all sense of equity and fairplay to interpret any rule of law with regard to the limitation of time and hold that time for agitation by the party affected must run from the date of the order of which the concerned party had no ..... principles have found exposition in a number of authorities and it will be worthwhile to refer to them to appreciate now the courts have interpreted the rule of law which has not expressly enjoined upon the authorities concerned either to pronounce the order openly after due notice to the parties or to ..... is no provision either in the tamil nadu co-operative societies act or the rules framed thereunder enjoining upon the authorities thereunder to pronounce the order ..... any particular ruling proceeds on the special provision of any act makes, ..... ran as follows:whether the suit filed on 11th december, 1968 to set aside the claim order dated 30th december, 1967 is barred by limitation by virtue of rule 76(3) of the madras co-operative societies act and rules?3. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1926Mad841; 94Ind.Cas.860
..... must perform their reciprocal obligations ; they are bound, on payment, to restore the property to the mortgagor, and-this is a most important part-' if it appears, from the state of the transaction, that, by the act of the mortgagee, unauthorised by the mortgagor, it has become impossible to restore the estate on payment of all that is due, i am of opinion that this court will interfere and prevent the mortgagee suing the mortgagor at law.15 ..... the amounts realized by private sale ; that the 2nd and 3rd defendants, by their wrongfully appraising the property at an amount far in excess of the actual value, acted in conspiracy with the 1st defendant to defraud the fund and acted also with gross negligence in the valuation, and that they are, therefore, liable to pay the difference between the actual value of the property and the amount due on ..... do not think that this suggestion is at all correct for it is one of the articles of association ; a rule in an articles of association can very well be relied upon by a person dealing with the fund knowing that the fund could not act without the provision of the article being complied with and here there is the further reason that the 1st defendant was ..... far as i can see, in section 69 of the transfer of property act or any other section of that act which militates against the application of this rule. ..... in england have applied that rule as between mortgagor and mortgagee when the latter lost the mortgaged property by some wrongful act of his.27. .....
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